NJ Advance Media spoke with three attorneys on Tuesday with experience in both Family Court and with Megan's Law, but without personal knowledge of the Sayreville case.

SAYREVILLE - Middlesex County Prosecutor Andrew C. Carey announced Monday night that he had proven his case against 6 Sayreville football players accused of sexually abusing their victims in a locker room at Sayreville High School.

The prosecutor said three football players admitted to digitally penetrating a 14 year old player through his clothing. Three days earlier in the locker room, one of the defendants held another player while "at least" two others grabbed his penis.

"The facts that were alleged by the Middlesex County prosecutor's office at the beginning of this case have clearly been proven in a court of law," Carey said in a written statement.

If the six juvenile suspects admitted to a sexual crime, why then were they allowed to plead guilty to disorderly persons offenses? 

NJ Advance Media spoke with three attorneys on Tuesday with experience in both Family Court and Megan's Law, but without personal knowledge of the Sayreville case.

"Either their attorneys cut very good deals or the evidence against them was very thin," said William D. Ware, a criminal defense attorney in Chester who specializes in Megan's Law.

Ware said if exposed to Megan's Law, the defendants would have been required to register as adult offenders with a possibility of asking a court to remove them from the registry only after 15 years.

"These kids are skating," Ware said, adding that other offenders found guilty of similar or lesser acts have been required to register.

Former Morris County Prosecutor Robert Bianchi said to understand the pleas and sentences is to understand the distinction between juvenile court and adult court.

"In Family Court, (the judges and attorneys) do what's in the best interest of the juvenile defendant," Bianchi said. "Adult court is about punishment."

PREVIOUSLY: 6 Sayreville football players in hazing case avoid detention, Megan's Law

Bianchi said the prosecutor in a juvenile case would be hard-pressed to convince a judge that sending a juvenile offender to prison or requiring them to register as sex offenders is in the best interest of the juvenile.

"Megan's Law is like hitting a fly with a sledgehammer in this case," Bianchi said. "The law really was meant for repetitive and compulsive criminals. It's a very crushing law and we've expanded it (to include crimes like these)."

Criminal Defense Allan Marain of New Brunswick says the defendants probably should have been required to register as sex offenders.

"When you're talking about digital penetration of the anus, it's clearly a Megan's Law offense," said Marin, who on his website calls the law a "social and legal horror."

Marin said it's likely the prosecutor believes the Sayreville defendants are not at risk of reoffending sexually. But he said that shouldn't matter under Megan's Law.

"Megan's Law is applied literally to hundreds of thousands of people who weren't going to be recidivists. There's a real disconnect here. If you're going to have Megan's Law, it ought to be applied evenly in all cases."

Marin added that in most sex-related crimes there's an element for the perpetrator to either receive sexual gratification or humiliate the victim.

"The element of humiliating the victim does seem to exist here," Marin said. "The law applies here, but the prosecutor simply decided not to exercise that law."

Bianchi pointed to sections of the prosecutor's press release that state the defendants committed sexual abuse of their victims.

"The prosecutor has a tremendous, tremendous amount of discretion," Bianchi said. "The bottom line is if he felt they were at risk to reoffend sexually, the prosecutor would have had them plea to a more serious offense that would have resulted in Megan's Law registration."

Anthony G. Attrino may be reached at tattrino@njadvancemedia.com. Follow him on Twitter @TonyAttrino. Find NJ.com on Facebook.

What will Tuesday night's Sayreville Board of Education meeting bring?

SAYREVILLE -- For the first time since residents of Sayreville learned that six students received probation for their role in the hazing of their teammates in the high school football locker room, the Sayreville Board of Education will meet tonight. 

It's hard to predict whether the meeting will feature heated debate or a moment of healing -- the last school board meeting featured some rumblings of protest about the cancelation of the football season, but a statement from the county prosecutor confirming that crimes occurred in the high school locker room may have put that to rest. 

What seems less likely is an immediate return to normalcy, with some questions still unanswered.

In October 2014, the district canceled the rest of the football season, and eventually fired the head coach, after accusations that seven boys violently and sexually hazed four of their teammates in the locker room. 

Tonight's meeting begins at 7:30 in the high school cafeteria. 

RELATED: 6 Sayreville football players in hazing case avoid detention, Megan's Law

School begins Thursday, and the first football game will take place the week after.

Andrew Carey, the Middlesex County prosecutor, issued a lengthy news release Monday night shedding new light on the charges. Criminal cases against six of seven juveniles have been resolved. All received probation and community service after guilty pleas or Family Court trials. The charges ranged from simple assault to hazing. None were adjudicated delinquent on the most serious charges. 

"The community of Sayreville needs to know that these serious crimes occurred, and now must work together to heal," Carey said in a news release Monday. 

Some issues, however, remain unresolved.

Legal battles are likely to continue. Carey and one of the defense attorneys, Richard Klein, have sniped at one another. For example, around 3:30 today, Klein said in an emailed statement that Carey's news release was "peppered with some distortions of the facts." 

One of those distortions, Klein said, was that the facts alleged by the prosecutor were proven in a court of law. 

"This is simply not true as it applies to both of the juveniles that went to trial," Klein said. 

It is possible that some of the adjudications against two players will be appealed. 

It's also unclear whether any of the seven students will try to return to school. And the prosecutor mentioned in the four-page, 1,000-plus word news release that the high school's principal acted as a character witness in a Family Court trial, tartly adding that he did so "despite having no personal knowledge of the assaults and abuses that occurred in the high school locker room."

Brian Amaral may be reached at bamaral@njadvancemedia.com. Follow him on Twitter @bamaral44. Find NJ.com on Facebook.

Julio C. Molina-Reyes, 36, was arrested on charges including driving while intoxicated and possession of prescription drugs after swerving on a Secaucus road late Saturday night, police said.

A Metuchen man was arrested in Secaucus and charged with driving while intoxicated and possession of prescription drugs police spotted his vehicle swerving late Saturday night, police said.

Julio C. Molina-Reyes, 36, was in the area of 190 County Ave. at 11:53 p.m. when Secaucus police observed his blue Toyota swerving, police said.

Police stopped Molina-Reyes and conducted a field sobriety test, during which there was "enough evidence at that point to arrest him and charge him with DWI," said Secaucus Police Detective Sgt. Mike Torres.

Police also found prescription drugs during the arrest, Torres said. 

Molina-Reyes was arrested and charged with DWI, reckless driving, having an open container of alcohol, driving without a license and possession of prescription drugs, police said.

Rebecca Panico may be reached at rpanico@jjournal.com. Follow her on Twitter @BeccaPanico. Find The Jersey Journal on Facebook.

 

The unidentified 17-year-old was with three other teens who ran from police investigating a series of car burglaries last month.

The unidentified 17-year-old was with three other teens who ran from police investigating a series of car burglaries last month.File photo 

WOODBRIDGE - One of four teens ranging in age from 14 to 18 led township police on a late-night foot chase before he was arrested in possession of a stolen handgun and drugs, police said on Tuesday.

The unidentified 17-year-old was with three other teens who ran from police investigating a series of car burglaries last month.

Police said they observed a group of four teens walking past parked cars late on Aug. 27. Two of the teenagers tried the door handle of a car parked in a driveway on LaGuardia Avenue, police stated in a news release.

"These individuals were observed entering this vehicle," police stated in the release.

As a police officer approached and identified himself, all four teens fled on foot, police said.

Patrol units and tactical officers arrested the teens a short time later.

The 18-year-old was identified as Masiyah Jamaelle Williams of Islelin. The others, all male, were 14, 16 and 17.

PREVIOUSLY: Woodbridge cops want to know where 5 teens got handguns, hollow-point bullets

All four were charged with obstructing administration of law, conspiracy, two counts of burglary, two counts of theft by unlawful taking or disposition.

The 17-year-old was charged with possession of a weapon for unlawful purpose, possession of prohibited weapons and devices, receiving stolen property, possession of marijuana and suspected cocaine, police said.

Williams was held on $10,000 bail. The 17-year-old was held in a juvenile detention facility. The others were released to their parents.

Anthony G. Attrino may be reached at tattrino@njadvancemedia.com. Follow him on Twitter @TonyAttrino. Find NJ.com on Facebook.

Timothy Puskas, 40, pled to second-degree vehicular homicide, admitting he was driving the vehicle that killed Leonel Lopez Hernandez, 26, of New Brunswick on Jan. 25, 2012. Watch video

NEW BRUNSWICK - A suspect in last year's brutal beating death of Kean University student William McCaw pleaded guilty Monday to a 2012 vehicle death of a man riding a bicycle.

Timothy Puskas, 40, admitting he was driving the vehicle that killed Leonel Lopez Hernandez, 26, of New Brunswick on Jan. 25, 2012.

Middlesex County Prosecutor Andrew C. Carey said Puskas has admitted he was driving recklessly when he struck and killed Hernandez. Puskas pleaded guilty to second-degree vehicular homicide. 

Hernandez, a husband and father of two young children, was riding his bike home from Bristol-Myers Squibb, where he worked as a custodian.

PREVIOUSLY: New Brunswick man denies killing Kean student

The investigation determined that Puskas was driving a 1998 Toyota 4Runner on Georges Road and heading toward North Brunswick when he crossed into the oncoming traffic lane and struck Hernandez, who was on the side of the road near the South Talmadge Street intersection.

Hernandez died at the scene.

Under a plea agreement, Puskas will be sentenced to eight years in prison. In addition, he will be required to serve at least 85 percent of his prison term before becoming eligible for parole, the prosecutor said.

Sentencing is set for Oct. 14.

A co-defendant, Stephen Gallo, 38, of Milltown, previously pleaded guilty to a charge of hindering the apprehension of Puskas by helping hide the Toyota 4Runner, the prosecutor said.

Gallo, who was a passenger in the Toyota, is expected to serve five years' probation.

In May, Puskas was indicted in the Feb. 15, 2014 death of McCaw, a former Rutgers University student who transferred to Kean University in September 2013, but returned often to New Brunswick.

Middlesex County Assistant Prosecutor Sheree Pitchford stated during a court hearing last May that McCaw was "in the city visiting friends, going from place to place, when he came upon this defendant." 

"He was attacked by this individual," Pitchford said. "He was attacked and left on the streets of New Brunswick to die."

In addition to murder, Puskas is charged with unlawful possession of a weapon, possession of a weapon for an unlawful purpose and two counts of hindering his own apprehension or prosecution.

Puskas was arrested for McCaw's murder in March 2014.

Anthony G. Attrino may be reached at tattrino@njadvancemedia.com. Follow him on Twitter @TonyAttrino. Find NJ.com on Facebook.

In the aftermath of the Sayreville hazing case, divisions are still evident.

SAYREVILLE — The Sayreville Board of Education got through almost an entire meeting Tuesday night without much of an explicit mention of the hazing case that rocked its football program and cast a harsh national light on a town of 44,000.

But in a sign that divisions still exist as the town readies for the start of school Thursday, a mother of two football players told the board that the district is unfairly keeping one of their teammates out of school, even though he was cleared of the most serious hazing offenses and found delinquent on other charges related to incidents in the locker room.

"I think it is wrong," Carolyn Porcaro told board members near the end of a meeting in the high school cafeteria. "The kids have been through enough."

The hazing defendant she was referring to was set to have a closed disciplinary hearing Monday night that might have determined whether he'd be allowed back, she said, but no action was taken. He was found delinquent on charges of simple assault and disorderly conduct after a Family Court trial.

Porcaro said her oldest son, a senior, was willing to tell the board that he was not afraid of his former teammate. Several other football players showed up, too, to support his efforts to return to school, Porcaro said.

In October of last year, seven juveniles were charged with brutally assaulting four of their teammates on the football team over the span of several incidents in the locker room.

Six of those cases have been resolved.

Four defendants admitted to hazing and endangering the welfare of their young teammates, two of whom said they held one boy down while another digitally penetrated his anus through his pants, according to the county prosecutor.

Two others — including the teen Porcaro was referring to — were found delinquent, or guilty, on charges of simple assault and disorderly conduct. All were cleared of the most serious charges, which included sexual assault. One case remains outstanding.

Porcaro said the district, the prosecutor's office, and the media has lied about the case.

RELATED: 6 Sayreville football players in hazing case avoid detention, Megan's Law

She was the only one to speak publicly against the district Tuesday night. Her own sons were not involved in the hazing cases — which she said simply did not occur, beyond roughhousing. The district said it could not comment on student matters, and it's unclear what is happening with the other six students, though it appears unlikely they will return to the high school.

John Bovery, also a Sayreville resident, said Porcaro had her facts wrong. In fact, he said, the students were not found innocent, as she claimed.

"I never heard the word innocent in reference to any of the six people," Bovery said. "I don't know, but I don't think we in the state put people on probation who are innocent."

District officials declined to comment. Board President Michael Macagnone said only that he stood by the board's actions last year.

In a separate news release Tuesday afternoon, a lawyer for another defendant — not the one Porcaro was referring to — said the prosecutor's office was misleading when it said the facts it had alleged had been proven in a court of law.

"It has been my contention from the onset of this case that the prosecutor's office should never have originally charged my client with the offenses that they did," Richard Klein said.

Klein clarified earlier comments he'd made, when he said his client was merely guilty of disorderly persons offenses and petty disorderly persons offenses. In fact, the judge determined his client was guilty of hindering because he lied to police.

But Klein said that charge was only filed seven months after the original incidents, and only after his client refused to take a plea deal.

"My client will be exploring all of his legal options that are available to him under the law," Klein said.

Brian Amaral may be reached at bamaral@njadvancemedia.com. Follow him on Twitter @bamaral44. Find NJ.com on Facebook.

Police said they were called about 9:15 p.m. Friday to 289 Main Street, Brookview Terrace for a report of a disturbance.

SPOTSWOOD - Ordinarily, Sheriann Depinho's arrest for public intoxication, public nuisance and interfering with police might not have made the news. But when the Spotswood woman posed for her mugshot with her tongue sticking out, the police department issued a news release along with the photo.

Police said they were called about 9:15 p.m. Friday, Aug. 21 to Brookview Terrace condos on Main Street for a report of a disturbance.

Upon arrival, officers met with Sheriann and Michael Depinho and Ester Nitch, who were drinking alcohol in the parking lot, according to the news release.

"Sheriann Depinho was playing loud music from her vehicle and creating a disturbance," police stated. She refused to turn down the music, they said.

Michael Depinho, who was also intoxicated, "protested and escalated the situation," police said.

Sheriann Depinho was arrested and charged with public nuisance, public consumption of alcohol and interference with police. Michael Depinho was arrested and charged with public consumption of alcohol and interference with police.

Ester Nitch was arrested and charged with public consumption of alcohol.

All three were taken to police headquarters, processed and released with a pending municipal court date, police said.

New details emerged Wednesday morning on the investigation into whether Rutgers coach Kyle Flood made impermissible contact with a faculty member. Watch video

PISCATAWAY -- Rutgers coach Kyle Flood was told by the university's academic support staff not to contact a university professor regarding the academic status of a likely starting defensive player and did so anyway, two university officials told NJ Advance Media.

The university's office of ethics and compliance, with help from outside counsel, is investigating an email Flood allegedly sent from a private account to a Mason Gross faculty member regarding the status of Nadir Barnwell.

The two officials, who requested anonymity because the investigation into whether Flood violated university policy is ongoing, said the inquiry isn't simply about an email sent from Flood's private account.

"It's about Kyle trying to circumvent the process and trying to get the kid eligible,'' one of the university officials told NJ Advance Media.

Flood did not return a phone message left on his cell phone Wednesday morning. Told of these specific allegations through a school spokesman during practice Wednesday, Flood declined comment through that spokesman.

UPDATE: During his post-practice media availability Wednesday, Flood was pressed for comment on this report and asked whether he was told not to contact the professor. His response: "Let me ask this question before I respond to it: So what you're saying to me is, that a process that I've been told from the university not to comment on was commented on by people from the university? I'm going to continue to respect the process and I won't have any further comment until the end of the process.''

PLUS: Rutgers coach Kyle Flood meets with investigators, expects to coach opener vs. Norfolk State

The two university officials told NJ Advance Media that issues came up in late May, when a member of Rutgers' academic support staff received documentation stating that Barnwell would not pass a course. 

The officials said Barnwell didn't accumulate enough credits over the fall and spring semesters, and was deemed ineligible before the summer session.

The academic support staff sent multiple correspondences to the professor to see if there was anything that could be done for Barnwell to make up the work, an official said.

According to the official, Barnwell attempted to plead his case to the professor through email as well, and the professor, in an email, responded by notifying a Rutgers athletics academic support member to "please ask (Barnwell) to stop badgering me.''

Flood was kept in the loop throughout the process and was told that there was nothing that could be done, both of the officials said in separate interviews.

"The communication with him was clear as to the status of Nadir's grade and he still decided he could fight it,'' said one official, who claimed Flood "had a long paper trail of information'' and still contacted the professor.

Another official said: "It was already done and everybody in the program knew it. Kyle was told, 'It's done, leave it alone.' ''

RELATED: Rutgers compliance policy prohibits coach-initiated contact with faculty

Flood could be in violation of university policy that prohibits verbal or written contact with a faculty member, based on a NJ Advance Media review of the document labeled "Contacting Faculty and Academic Officials'' on the school's athletics website.

The policy regarding contact between athletics staff and academic staff/faculty members states: "Coach-initiated contact of any type (e.g., oral, written, etc.) is not permitted between any member of the coaching staff and any Rutgers faculty member or associated instructional staff (teaching assistant, co-adjutant, part-time lecturer, etc.) with respect to any student-athlete.''

The policy charges members of the Academic Support staff with the responsibility of communicating with faculty staff, and dictates that coaches "must strictly abide'' by the policy and "must make prudent judgments regarding their level of involvement in a student-athlete's academic life so as to avoid even the appearance of impropriety.''

"(Flood) was reminded that this was not allowed, that he was not supposed to talk grades with the faculty,'' one of the officials said.

Barnwell has not been available to the media since Aug. 16, when he declined comment on his academic status and deferred questions to Flood.

Reached by phone, Barnwell's father, Harvey, told NJ Advance Media on Wednesday he was unaware of the process that led to the investigation.

"I have no idea. I don't know what the process was,'' Harvey Barnwell said. "All I know is this is a sad situation. Coach Flood is a very good person, and a very good person shouldn't be put in this predicament.''

Barnwell's father said if he were advising Nadir on a college choice today knowing what he knows about Flood, he would "pick the same school again.''

"He's a stand-up person,'' Harvey Barnwell said. "I hate the fact that Coach Flood is caught up in this.''

Flood is subject to discipline if he is found to be "violation of university regulations, policies (or) procedures,'' according to the terms of the contract he signed when he became Rutgers head coach on Jan. 31, 2012.

Possible penalties include a public reprimand, a suspension or termination for cause.

The compliance provisions of his contract dictate that he "shall be subject to all university regulations, policies and procedures, and legal requirements'' applicable to Rutgers employees, "including ethical standards and conflict of interest requirements.''

Flood has declined to make his email public himself, and the university has yet to respond to an Open Public Records Act request for the email sent from his non-university account. Since last week, NJ Advance Media has filed more than a dozen OPRA requests to obtain emails between Flood, his academic support staff and the faculty member who has been identified in two reports as a "part-time lecturer.''

After NJ Advance Media reported on Aug. 25 that Flood was under investigation by the university, Rutgers' fourth-year head coach said he's "had a lot of interaction with the teachers on our campus'' and noted that he welcomed two faculty members at a recent training camp practice.

Flood said: "Any correspondence that I had with a professor in regard to a student-athlete would really be of this nature: One, to be in support of whatever decision that faculty member made, and two, to inquire as to whether or not there would be an opportunity to earn a better grade.''

Asked whether he is aware of the university policies in regard to contact with faculty, Flood said: "We have professors who come to practice, we have professors that are part of our recruiting weekends. I teach classes on campus. So I welcome those interactions. Again, I think we're all a part of the same university.''

With his team gearing up to host Norfolk State this Saturday in its season opener, Flood was asked on Tuesday whether he believes he will be the coach to lead the Scarlet Knights out of the tunnel for their 12 noon kickoff.

"I have no reason to believe that I wouldn't be the person leading the football team on Saturday,'' Flood said. "My portion of the university process ended (Monday) and now until there's a resolution I really need to be respectful to that process and I won't have any further comment.''

While Flood said he wasn't given any indication on a timeline of the resolution, an official familiar with knowledge of the investigation told NJ Advance Media one more individual was scheduled to be questioned Tuesday and an outcome could be announced as early as today.

Keith Sargeant may be reached at ksargeant@njadvancemedia.com. Follow him on Twitter @KSargeantNJ. Find NJ.com Rutgers Football on Facebook.

Lindeneau Elementary School incoming kindergarteners experience their first day at school in Edison. Watch video

EDISON -- Today was a flurry of activity outside Lindeneau Elementary School in Edison as students and their parents arrived for the first day of school.

This year, the school welcomed 45 incoming kindergarteners. Teachers greeted their students as they arrived.  

Starting kindergarten is a mix of emotions for many children. For some, it's an exciting adventure. For others a little scary. It's a new beginning for learning, socializing, building confidence and gaining independence.

To ease the transition, the school held orientation yesterday where the students met their teachers and visited their classrooms for the first time.

PLUS: Vintage photos of N.J. schools and schoolchildren

Virginia 'Ginger' Sanchez has been teaching in the Edison school system for 17 years. And for the last three years she has focused on teaching kindergarten.

Sanchez thinks this year's first day of school went smoothly for both the children and the parents. All the children arrived early, seemed excited and did not shed any tears.

This year, the kindergarten teachers are working on a play-based approach to learning in conjunction with using iPads in the classroom. According to Sanchez, this offers students a social component, self-directive component and technology component.

"We want them to love school, and we strive to give them a strong foundation they can take forward to the upper grades," Sanchez said.

Lindeneau Elementary School is one of 11 elementary schools in Edison Township School District. It is a public school that serves grades K-5.

Patti Sapone may be reached at psapone@njadvancemedia.com. Follow her on Twitter @psapone. Find NJ.com on Facebook.

RELATED: N.J.'s new car seat law goes into effect: Here are 6 mistakes to avoid

All four officers are suspended without pay.

NEW BRUNSWICK -- A year and a half after indictments were handed down and three years after the incident that sparked a criminal investigation, the trials of four Edison police officers accused of retaliating against a fellow officer will begin in May 2016.

The officers -- Michael Dotro, Victor Aravena, William Gesell and Brian Favretto -- appeared Monday morning in Superior Court. They're accused of retaliating against a North Brunswick police officer who arrested Dotro's friend for driving drunk, even though the driver had flashed a police union card. 

Judge Alberto Rivas, sitting in New Brunswick, had proposed a February trial, but with four defense attorneys trying to coordinate, he agreed to set a May 3 start date. The investigation began in the months after May 2013, when Dotro allegedly set his superior's house on fire. He has pleaded not guilty to arson and attempted murder charges, and the trial on those counts won't begin until the summer, at the earliest. 

RELATED: Edison cops deny retaliating against officer who issued DUI ticket

The criminal case includes a dizzying array of motions, cross-motions, appeals, anonymously mailed dossiers, and disputes over discovery, helping delay the case since the indictments came down in October 2014. 

Already beleaguered by a history of misconduct, the Edison Police Department will again be cast in a harsh light during the trial, which is likely to be lengthy and complex. 

Lawyers for the four officers are now trying to suppress evidence based on allegedly faulty search warrants, an issue that will be resolved by the time the trials begin. Much of the evidence consists of text messages among the officers. 

 In a decision last week, Judge Rivas rejected separate efforts to throw out the indictments on a variety of legal thrusts and parries. 

All four were indicted on conspiracy and official misconduct; Dotro and Gesell were charged with unlawful access to a computer system; and Aravena was charged with witness tampering and a pattern of official misconduct. 

Favretto's attorney has said prosecutors acted improperly by using the word "recommend" when discussing charges against him before a grand jury. Grand jurors are supposed to come to the decision themselves. But Rivas ruled that the mere use of the word "did not amount to testimony."

"Brian is confident that if the matter ultimately proceeds to a trial, a jury will see that he is not in any way responsible for committing any criminal act, let alone the charges set forth in the indictment," Favretto's attorney, Anthony Iacullo, said. "We are still hopeful that this matter will be dismissed as to Brian prior to the May 3 trial date." 

Dotro, according to the decision, allegedly said he'd be "locking [the North Brunswick officer] up" if he didn't agree to reduce or throw out the DWI charge against his friend. 

That, the judge wrote, could be "fairly interpreted as expressing an intent to bring false charges against the North Brunswick police officer." 

Gesell ran a full check on the North Brunswick officer in the CJIS database, without apparent law enforcement justification, the judge wrote.

His attorney, Darren Gelber, has tried to have his case tried separately, since he was not involved with some of the other alleged conduct. Rivas denied that. Gelber also argued that since Gesell had a password to the criminal justice database, by nature he couldn't have improperly accessed it. That argument, too, was rejected.

"We felt pretty strongly that we had some valid legal arguments," Gelber said. "Judge Rivas disagreed with us. We're evaluating whether to pursue an appeal. And we look forward to the trial." 

All four officers are suspended without pay. 

"Victor committed no crime," said Aravena's attorney, Joe Tacopina. "I'm confident that when the facts come out for a jury, that will be shown."

Dotro's lawyers, meanwhile, are fighting with prosecutors over whether they'll be able to inspect his pickup truck outside the presence of the prosecutor's office in the separate arson case. The pickup was allegedly used in the firebombing, prosecutors allege.  

Robert Norton, Dotro's attorney, has argued in court papers that the presence of prosecutors during the truck inspection would tip them off to the defense strategy. The prosecution, meanwhile, argues that allowing a private inspection will muddy up the chain of custody. 

Rivas sided with Dotro in a June decision, but the prosecutor's office is appealing. 

Complicating efforts to make the state's case, the FBI lost a hair sample from the scene of the fire, and another one didn't match Dotro. 

Brian Amaral may be reached at bamaral@njadvancemedia.com. Follow him on Twitter @bamaral44. Find NJ.com on Facebook.

Craig J. Snediker, 40, pleaded guilty to wire fraud.

NORTH BRUNSWICK -- The former treasurer of North Brunswick Volunteer Fire Department No. 3 admitted embezzling at least $89,000 from the company, according to U.S. Attorney Paul Fishman. 

Craig J. Snediker, 40, of Monroe Township, pleaded guilty Wednesday to wire fraud in federal court before Judge Freda Wolfson.

He is also the town's fire marshal, a paid administrative position.

He admitted he used ATMs in Middlesex County from March 2014 to May this year to access public funds and private donations that were held by the volunteer fire department without permission, according to Fishman. He then used the funds for personal expenses, Fishman said. To cover up his actions, Fishman said, he misrepresented the account balance on the fire company's books. 

"Mr. Snediker deeply regrets the offense and will make full and complete restitution to the fire company," his lawyer, Robert Scrivo, said in an email. 

Neither Scrivo nor the town would say whether he'd be able to keep his job. 

"We understand that none of these charges were related to Craig's official position with the township," Mayor Francis "Mac" Womack said in an email. "Craig has been a valued and respected member of our staff for over 15 years and a dedicated volunteer within the community. Although we support Craig personally, a thorough review will be conducted into this matter to determine its impact on his professional responsibilities and role with the township." 

Snediker faces up to 20 years in prison and a $250,000 fine. Sentencing will be held Dec. 15. 

According to the township website, Snediker is also the fire marshal in North Brunswick. In July, the township dealt with one of the largest fires in its history. Nobody was injured, but the blaze at a warehouse complex in the township burned for days.

It is not clear when Snediker first learned he was under investigation. He pleaded guilty to an information, meaning he was not indicted in the case. 

The fire marshal is responsible for such tasks as fire inspections. 

Brian Amaral may be reached at bamaral@njadvancemedia.com. Follow him on Twitter @bamaral44. Find NJ.com on Facebook.

 

NEW BRUNSWICK — This photo from 1951 shows researchers at work in Johnson & Johnson's organic laboratory in New Brunswick. Drugwatch.com points out that Johnson & Johnson organic chemistry research in the 1950s was instrumental in discovering new medications to treat pain, help with mental illness, fight infection and treat digestive problems. Founded in New Brunswick in 1886, Johnson & Johnson...

NEW BRUNSWICK -- This photo from 1951 shows researchers at work in Johnson & Johnson's organic laboratory in New Brunswick.

Drugwatch.com points out that Johnson & Johnson organic chemistry research in the 1950s was instrumental in discovering new medications to treat pain, help with mental illness, fight infection and treat digestive problems.

Founded in New Brunswick in 1886, Johnson & Johnson has maintained a presence in the city ever since; the pharmaceutical giant opened a world headquarters in downtown New Brunswick in 1983.

If you would like to share a photo that provides a glimpse of history in your community, please call 973-836-4922 or send an email to middlesex@starledger.com.

The Court Tavern is back — again. Let's celebrate the enduring rock club's return with a glance at the venue's past, in photos.

NEW BRUNSWICK -- The Court Tavern is back -- again. 

The enduring New Brunswick rock club, which closed in July after a downturn in sales, reopens its hallowed basement stage Friday, under new management.

This was the second time in three years the small Church Street venue opened in 1981 had closed its doors -- the business was locked for nearly a year in 2012 after falling behind on property taxes. 

But with renovations planned and emerging ideas for better practices, the venue that helped launch successful careers for The Smithereens, The Gaslight Anthem and Screaming Females looks for new life, just in time for Rutgers University's fall semester. 

Brittney Dixon, better known as the successful Central Jersey promoter and musician Brittney On Fire, will oversee day-to-day operations and booking. Owner Michael Barrood, who bought the building in 2012, will remain as owner. Much of the tavern's staff on the books when the venue closed in July have left the business.

"I plan to be very open about trying different tactics to keep the Court on the map including more diverse shows, incorporating all-ages shows and having a staff that truly loves and believes in the Court," Dixon told NJ.com in August. "Everyone has to give it 110% and I want the Court to represent the love and passion we have for live and local music."

The Court relaunches Friday with what's billed as a "New Hope" show, featuring New Jersey atmospheric rockers Owel, Asbury Park's Chemtrail and GayGuy/StraightGuy, and New Brunswick's own Centennials. The upstairs bar and game room will remained closed for renovations. 

A full month of local music is already scheduled for the rest of September, but before the raucous sounds officially return to the Hub City, let's take a look a some great Court Tavern photos from the last 20 years in the above slideshow. Check out The Bouncing Souls, Patti Smith, The Smithereens and more.  

Bobby Olivier may be reached at bolivier@njadvancemedia.com. Follow him on Twitter @BobbyOlivier. Find NJ.com on Facebook.

Share your favorite photos from this Labor Day weekend, and we'll feature them on NJ.com.

The final days of summer are here and we're thinking about how we're going to cap the season this holiday weekend. We're guessing you are too.

We also have a hunch that whatever you do this Labor Day weekend you're going to produce some great photos - and we want to see them.

RELATED: Earth Day 2015: Photos of N.J.'s most unspoiled places

You can post your Labor Day weekend pictures in comments here or tweet them to @njdotcom with the #LaborDayNJ hashtag. We'll collect the best and show them here on NJ.com.

Let's give summer 2015 the send-off it deserves.

Adya Beasley may be reached at abeasley@njadvancemedia.com. Follow her on Twitter @adyabeasley. Find NJ.com on Facebook.

 

Younger players were allegedly attacked with a BB gun, broomstick and drawn on during a five-day football camp in upstate New York.

Susan Wagner High School in Staten Island, N.Y. is investigating a string of alleged hazing incidents that parents say occurred during the football team's five-day summer training camp in upstate New York.

SILive.com first reported the scandal on Saturday and says that all Wagner’s varsity and junior varsity practices and games are suspended at this time.

Speaking anonymously, one parent of a junior varsity player went into detail about what went on at Camp Pontiac in Copake, N.Y. after his son returned from camp with marker up and down his legs.

"They had a BB gun up there that they were attacking the kids and shooting at kids with. A lot of kids woke up with penises drawn on their faces, neck, head, arms, legs," the parent told SILive.com. "That's outrageous, and with [permanent] magic markers. These kids were scrubbing the life out of their skin."

The parent also claimed that older players physically attacked their younger teammates with a broomstick and in the shower with a powder-filled sock.

At night, the hazing continued, the parent said.

RELATED:6 Sayreville football players avoid detention, Megan's Law

"They were pulling their pants down and rubbing their butts in people's faces while they were asleep," the parent added. "That's so disgusting. And these are minors."

In a letter to parents on Tuesday, which SILive.com obtained, Wagner Principal Gary M. Giordano confirmed that the allegations of misconduct involve both varsity and junior varsity players and also suggested that "parents who feel that their child was the victim of a crime while away at camp last week, should report the incident to the Columbia County Sheriff."

As of Wednesday morning, the Columbia County Sheriff's office has not received any complaints, according to SILive.com.

That has parents from the Susan Wagner Football Parents Club speaking out against the allegations.

"It's not hazing," Rina Cuzzocrea, the club's president, told SILive.com. "Everything we're learning, we're learning from the media, but a lot of the things that you guys are saying are not true," Cuzzocrea said.

During a meeting held Wednesday, Cuzzocrea told the media "we're here because we want our boys back on the field."

The sentiment echoes that in Sayreville at a Board of Education meeting on Oct. 7, 2014 when parents and players spoke out against the hazing scandal that rocked their Middlesex County community last fall, canceling a football season.

Sayreville's scandal was enough of an eye-opening experience that an anti-hazing seminar was held at Wagner High School in November of 2014.

"We want to make our students aware of what hazing is, how to recognize it, how to stop it and what everyone's role is in stopping it," Wagner Athletic Director Scott McBratney told SILIVE.com at the time of the seminar. "We have good programs, we have good teams and good kids, and this a reminder that we must always treat each other well.

And there are further echoes of Sayreville in the Wagner allegations.

Now-dismissed Sayreville coach George Najjar was coaching in the 1980s at Brooklyn’s Lincoln High School, which at the time also did a training-camp stint in upstate New York. Former players on those Lincoln teams came forward and shared a similar account of hazing at those camps.

In an interview with WABC on Tuesday night, one parent of a Wagner junior varsity player produced group chat messages between the school's football players that hinted that the hazing was a yearly ritual, similar to those alleged to have occurred between the classes at Lincoln.

The text messages read: "Everyone delete the chats," "Don't let this get out" and "Cuz no one snitched last year and worst (sic) ... happened to us."

SILive.com's in-depth original report on the Wagner incident can be found here and the website's follow-up stories are linked here.

Pat Lanni may be reached at planni@njadvancemedia.com. Follow him on Twitter @PatLanniHS. Like NJ.com Football on Facebook.

The burglaries occurred between 8:30 p.m. Tuesday and 8 a.m. Wednesday, according to police.

File photo 

SOUTH BRUNSWICK - Police are investigating six vehicle burglaries that took place in less than 12 hours in the area of Cardinal Court, Raleigh Road, and Hastings Road. 

The burglaries occurred between 8:30 p.m. Tuesday and 8 a.m. Wednesday, according to police.

All of the vehicles were unlocked, police said.

Among the items stolen were cash and electronics.

Anyone with information is asked to call South Brunswick Police at (732) 329-4646.

Rutgers coach Kyle Flood says he "will be coaching the game Saturday'' even as the university investigates an allegation over whether he violated the school's policy against contacting faculty regarding grades.

PISCATAWAY -- Rutgers coach Kyle Flood says he "will be coaching the game Saturday'' even as the university investigates an allegation over whether he violated the school's policy against contacting faculty regarding grades.

"I have no reason to believe I will not be coaching on Saturday,'' Flood said following practice Thursday.

Addressing a pack of media two days before his Scarlet Knights open the season with a 12 noon kickoff Saturday at home versus Norfolk State, Flood was asked if he has a contingency plan in place in case he is suspended.

"It's not something we do as a coaching staff,'' Flood said. "I've got a very talented football coaching staff, guys on my staff that have been head coaches. But, again, I will be coaching the game on Saturday.''

The university's office of ethics and compliance, with help from outside counsel, is investigating an email Flood allegedly sent from a private account to a Mason Gross faculty member regarding the status of Nadir Barnwell.

Asked whether he anticipates being disciplined, Flood said: "Those are all questions for the university. I'm just going to be respectful to the process as I've been all along and when there's a conclusion I'm sure they'll make me aware of it.''

Flood could be in violation of university policy that prohibits verbal or written contact with a faculty member, based on a NJ Advance Media review of the document labeled "Contacting Faculty and Academic Officials'' on the school's athletics website.

RELATED: Has the investigation into Rutgers coach Kyle Flood been a distraction? (VIDEO)

The policy regarding contact between athletics staff and academic staff/faculty members states: "Coach-initiated contact of any type (e.g., oral, written, etc.) is not permitted between any member of the coaching staff and any Rutgers faculty member or associated instructional staff (teaching assistant, co-adjutant, part-time lecturer, etc.) with respect to any student-athlete.''

The policy charges members of the Academic Support staff with the responsibility of communicating with faculty staff, and dictates that coaches "must strictly abide'' by the policy and "must make prudent judgments regarding their level of involvement in a student-athlete's academic life so as to avoid even the appearance of impropriety.''

NJ Advance Media reported Wednesday that Flood was told by the university's academic support staff not to contact a university professor regarding the academic status of junior cornerback Nadir Barnwell and did so anyway, according to two university officials familiar with the process leading to the investigation.

Flood declined comment on that report, saying he would "continue to respect the process and I won't have any further comment until the end of the process.''

In his final media-availability session before Saturday's opener, Flood appeared at ease with five questions related to an inquiry.

"I said earlier in the week that I think these situations can go either way,'' Flood said, dismissing a question of whether it's been a distraction. "I feel, right now, that this has brought the team closer together. I feel good about where the team is at mentally. Ultimately, we're going to find out Saturday at 12 noon.''

With the investigation believed to be in its third week, the media was on high alert that news of Flood's punishment, if any, would be made known. Police blocked off the entrance leading to the football practice field.

Rutgers athletics director Julie Hermann attended practice, but walked past the media just as the horn blew signaling Rutgers' closed practice session had ended. Hermann hasn't addressed the situation since NJ Advance Media first reported details of the university-led investigation, deferring all questions to the office of school President Robert Barchi.

Through a school spokesman, Hermann declined to take questions from the media Thursday.

"It's always great to have the support of your administration,'' Flood said, when asked whether his boss addressed the situation with him during practice. "When the players come out to practice and see that their athletics director is here, I think that speaks to it.''

That was the final question of a three-minute media session. Stepping away from the cameras and microphones, Flood said: "I'll see you on Saturday.''

Across campus, Barchi was pressed on the investigation during a tour of the school's new facilities with state Senate President Steve Sweeney (D-Gloucester) and state Sen. Bob Smith (D-Middlesex). It marked his first public appearance since the investigation came to light.

Barchi repeatedly said he couldn't comment on Flood's status because it is an ongoing investigation.

"We are going to do a thorough investigation,'' Barchi said. "We are going to do it as quickly as we can and as efficiently as we can, but it has to be a thorough investigation."

When asked about the timing of this happening before the first game, Barchi said: "I hate to see this sort of thing happen any time, whatever the outcome of an investigation.''

NJ Advance Media reporter Adam Clark contributed to this report.

Keith Sargeant may be reached at ksargeant@njadvancemedia.com. Follow him on Twitter @KSargeantNJ. Find NJ.com Rutgers Football on Facebook.

The players have been suspended indefinitely, Rutgers says Watch video

Five current Rutgers football players, including the cornerback at the center of a university-led investigation into coach Kyle Flood, were charged Thursday with assaulting a group of individuals, including one student whose jaw was broken during the unprovoked attack, Middlesex County Prosecutor Andrew C. Carey and Anthony A. Caputo, director of the New Brunswick Police Department, announced.

The current Rutgers players charged in the attack were identified as: Ruhann Peele, 22, and Nadir Barnwell, 20, both of Piscataway; Razohnn Gross, 20, of Franklin Park and Delon Stephenson, 22, of Sayreville.

Delon Stephenson's brother, Daryl Stephenson, 23, a former Rutgers student from Sayreville, remains at large, police said.

Charged in connection with home invasions was Andre Boggs, 20, of Coatesville, Pa.

The players have been suspended indefinitely, Rutgers announced.

Barnwell is at the center of the investigation of Flood, with the university looking into whether the Rutgers football coach broke school policy by contacting a professor regarding Barnwell's grades. The junior cornerback was declared academically ineligible in the spring, according to two school officials.

Flood defied academic support staff when he contacted the professor, two sources told NJ Advance Media.

Peele was charged with assault in August 2014 for allegedly pulling the hair and scratching the face of a girlfriend. The charges were later dropped.

Barnwell was arrested for DWI and careless driving in October 2013 after police responded to an early-morning one-car crash in Piscataway. 

Minutes before the charges were announced, Flood told reporters he was confident he would coach the team in the season opener Saturday at home against Norfolk State.

Here is the press release from the Middlesex County Prosecutor's Office:

Nine of the 10 defendants were arrested today. One remains at large. The arrests stem from an active and continuing investigation by the Middlesex County Prosecutor's Office and the New Brunswick Police Department.

The investigation began last spring when police were called to a home invasion on Prosper Street in New Brunswick on April 26, 2015 at 11:29 p.m., after three masked men forced their way into the home and stole an undisclosed amount of cash and marijuana from five students at gunpoint.

During an intensive investigation, police arrested Tejay Johnson, 23, of Egg Harbor. The former student was charged with robbery, criminal restraint, theft, and possession of a weapon for an unlawful purpose.

As the investigation continued, police linked Johnson to a home invasion on Hartwell Street in New Brunswick on April 27, 2015.

Police determined that Johnson and Andre Boggs, 20, of Coatesville, Pa., forced their way into the home and, armed with a bat and a knife, robbed a student of approximately $900 and an undisclosed amount of marijuana.

They were arrested today on charges of robbery, burglary while armed, and conspiracy to commit an armed robbery.

Another student, Dylan Mastriana, 19, of Rio Grande, also was charged with those counts after the investigation determined that he helped plan the robbery.

In a third home invasion, Johnson and Boggs were charged with robbery, conspiracy to commit armed robbery, and attempted burglary while armed for trying to force their way into another student's room in a dormitory complex at Livingston College in Piscataway on May 5, 2015.

The same charges also were filed against Mastriana, Jianan Chen, 19, of New Brunswick, and Kaylanna Ricks, 20, of Perth Amboy. The investigation showed that Mastriana and Chen planned the robbery, while Ricks drove Johnson and Boggs in a getaway vehicle.

Johnson and Boggs entered the dorm, but fled when the students targeted in the robbery resisted by closing and locking the door to their room as Johnson and Boggs attempted to force their way in. Nothing was stolen in that incident.

Police further determined that Johnson was one of six individuals who surrounded a group of at least four other individuals, including a Rutgers student, and assaulted them during an incident on Delafield Street on April 25, 2015.

The six were charged today with aggravated assault, riot, and conspiracy to commit a riot. A 19-year-old male student suffered a broken jaw during the unprovoked attack.

In addition to Johnson, defendants charged in the attack were identified as: Ruhann Peele, 22, and Nadir Barnwell, 20, both of Piscataway; Razohnn Gross, 20, of Franklin Park, and Delon Stephenson, 22, and his brother, Daryl Stephenson, 23, both of Sayreville. Daryl Stephenson, also a former student at Rutgers, remains at large.

As part of the investigation, detectives searched an apartment on Hamilton Street in New Brunswick on August 28, 2015, and seized 93 grams of marijuana, a stun gun, and $35,273 that was raised in illicit drug transactions. Jianan Chen was charged on August 29, 2015 with possession of a controlled dangerous substance, possession with intent to distribute, and possession of the stun gun.

Bail has been set at $625,000 for Johnson; $500,000 each for Boggs and Mastriana; $100,000 for Chen and Ricks; $75,000 for Delon Stephenson, and $25,000 each for Daryl Stephenson, Peele, Barnwell, and Gross.

Prosecutor Carey and Director Caputo praised investigators who worked tirelessly on the cases and additionally thanked the Rutgers University Police Department and the Egg Harbor Township Police Department for their assistance.

The investigation is active and is continuing. Anyone with information on these or similar cases is asked to call Detective Drew Weiss of the New Brunswick Police Department at (732) 745-5217, or Detective Gregory Morris of the Middlesex County Prosecutor's Office at (732) 745-4054.

As is the case with all criminal defendants, the charges in this case are merely accusations and the defendants are presumed innocent until proven guilty.

Things are going downhill very fast at Rutgers.

Just two days before Rutgers is scheduled to host Norfolk State in the 2015 season opener, a dark cloud is enveloping the university.

Head coach Kyle Flood reiterated Thursday that he will lead the team out of the tunnel on Saturday. This, while the university's office of ethics and compliance, with help from outside counsel, investigates an email Flood allegedly sent from a private account to a Mason Gross faculty member regarding the status of Nadir Barnwell.

RELATED: Rutgers coach Kyle Flood: 'I will be coaching the game on Saturday'

Hours after Flood met with the media, word broke that five players have been charged with assaulting a group of individuals, including one student whose jaw was broken during the unprovoked attack.

With multiple investigations now focusing on the Rutgers football program, one has to wonder if this could be the end of the line for Flood. 

Take a look at the photo gallery at the top of this story for a timeline of the Kyle Flood era at Rutgers.

Mike Rosenstein may be reached at mrosenstein@njadvancemedia.com. Follow him on Twitter @rosenstein73. Find NJ.com on Facebook.

While exceptionally hot, dry stretch is becoming a concern, state officials say we're not in dire straits just yet.

On paper, a tally of New Jersey's recent run of dry weather sounds troubling.

The entire state has incurred significant precipitation deficits in July and August, and most have not seen a drop of rain in two weeks. Reservoir levels crashed last month, leading United Water to call for voluntary restrictions on water usage. And today, the U.S. Drought Monitor placed much of northeastern New Jersey -- and 4.1 million people -- under a "moderate drought" designation.

Cause for concern? Absolutely. But are state officials panicking? Hardly.

"In the past two months, the trend has clearly been drier," said Dan Kennedy, the state Department of Environmental Protection's Commissioner for Water Resources. "But the bottom line is many summers are dry. That's why we have reservoirs. The reservoirs are doing their jobs and water purveyors are well set up to deal with these high demands."

"Are we monitoring it closely? Yes. We wouldn't be doing our jobs if we weren't."

By all indications, New Jersey is headed in the wrong direction when it comes to water. In addition to reservoirs operating below average levels, streamflows and ground water levels are also low, particularly in the northeast quadrant of the state.

As a result, the U.S. Drought Monitor placed parts of Somerset, Middlesex, Union, Essex, Hudson, Passaic and Bergen Counties in a "moderate drought" designation, the nationwide research organization's label for regions in the earliest stages of drought conditions. 

"In the past few weeks, everyone has had their eyes slowly opened and realized there is a problem brewing," said David Robinson, the state climatologist at Rutgers University, who is part of a panel that issues the weekly U.S. Drought Monitor reports. "Because if this persists much longer we're going to be in a deeper hole as we finish the water consumption season, and that's not good as we look toward 2016."

But the DEP is the only agency that can formally issue a drought watch, warning or emergency in New Jersey -- designations that can trigger statewide actions such as water restrictions and rationing. Kennedy said the DEP not only considers climatological conditions, but the relative health of the overall water supply and how it projects to fluctuate over the next six months.

"We learned a lot of lessons from the droughts in the 60s and 80s," Kennedy said. "In New Jersey, our high quality and well integrated water systems and reservoirs help us out a great deal. As a result a lack a precipitation doesn't hit us as hard."

RELATED: N.J. reservoir levels dip after a dry August.

Officials within the DEP currently meet several times a week to assess the situation Kennedy said. He conceded that if conditions continue to worsen, the state could be pressed toward taking more significant action.

Robinson said while the fall and winter are typically the time that reservoirs are replenished, the danger is falling too far below normal levels by spring, when water usage ticks upwards sharply. 

"That's when things can really sneak up on you," he said.

The long term forecast does offer some hope.

The National Weather Service's six to 10 day forecast indicates the eastern half of the country is at a higher probability for precipitation. National Weather Service 

While dry and warm conditions are expected to persist through next week, the National Weather Service's forecast for the following week indicates an above average chance for significant precipitation.

"There is something in the models that suggests to the (National Weather Service) that there's going to be a rain event sometime later next week. Whether it occurs and what occurs, obviously, is the question."

Robinson said state residents should be grateful for what happened in June, when the state received more than twice its normal rainfall after drought concerns had mounted in previous months. 

"I will say this, I'm less concerned than I was on Memorial Day," he said. "If it weren't for June being the fourth wettest on record, we'd be in deep trouble. We dodged a bullet but now we're back where we were three months ago."

Stephen Stirling may be reached at sstirling@njadvancemedia.com. Follow him on Twitter @sstirling. Find him on Facebook.